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12/21/1967KODIAK ISLAND BOROUGH ASSEMBLY MEETING - December 21, 1967 I CALL TO ORDER The meeting was called to order at 7:50 p.m. by Presiding Officer Jo Hajdu in the Magistrate's Courtroom, Donnelley Building, Kodiak, Alaska. II ROLL CALL Present Absent Sam Best, Borough Chairman None Mrs. Jo Haj du, Presiding Officer Don Arndt Jim Barr Don Bullock Mrs. Betty Springhill Also present: Doug Preston, Clerk; Ralph Valkama, Assessor; Jim Stansbury, Building Inspector; Howard Keiser, Sanitarian; Sally Hendrix, Secretary, taking minutes; and approx. 6 people in the audience. III MINUTES OF PREVIOUS MEETING - 12/7/67 It was noted that corrections had been made in V.A concerning the Water Resources Study. The first page of the minutes had been replaced since they had been mailed out. There were no other comments, and the minutes were approved as written. IV OTHER MINUTES A. P &Z - 12/13167 - There were no comments. B. School Board - 12/11/67. The minutes were read. Mrs. Hajdu questioned whether the insurance contract should not be re -bid, since changes were made after the bids were opened. Mrs. Springhill made a telephone call and reported later in the meeting that the School Board had accepted the low bid and negotiated, with Mr. Madsen's advice. There were no other comments. C. Comprehensive Planning and Economic Development Committee 12/12/67. There were no comments. V COMMUNICATIONS - CORRESPONDENCE - PEOPLE TO BE HEARD A. Letter from Ivor Schott re Scheduling of Work Session with School Board After Holidays. The letter was read. Mr. Best reported that a Borough Chairmen's Conference has been scheduled for January 5 and 6, and that the chairmen will be arriving the evening of the 4th. It was agreed that the Assembly meeting should begin at 7:00 p.m. the evening of the 4th, and that the agenda should be limited to necessary items only. The work session with the School Board was set for January 17 with the concurrence of the Board. B. George Vogt re Logs and Debris on MOnashka Bay Subdivision. Mr. Vogt was not present. Mr. Barr moved, seconded by Mr. Bullock, to table this item until a representative is present. Mr. Best explained that it would be impossible for the Borough to hire a daily inspector to supervise the cleaning up of the logs. Mr. Barr suggested having one area cleaned up and inspected and used as as example of how the remainder should be done. Motion carried by unanimous voice vote. C. Letter from Wilma Williams re Racing on Orbin Lake. Letter was read requesting permission for organized hot rod racing on the ice, and to buy the property if this is possible. Mr. Best stated that the State has tentative approval to this area, and it is within the Borough selection in Bells Flats. Mr. Best recommended that approval be given if the Borough is not held liable for injuries and if the group does not try and establish any preference right toward purchasing the land. Mr. Bullock made a motion to table this request pending a further report from the group. Motion died for lack of a second. The Assembly wished to know how the racing would be supervised and policed, and if it would be a hazard to anyone else on the lake, such as ice skaters. The point was also raised that permission for this would take the pressure off some of the other areas that are being used now. Mrs. Springhill made a motion, seconded by Mr. Arndt, that the Racing Association be requested to prepare plans for this project and present them to the Assembly at the meeting of January 18. After further discussion, motion carried by unanimous roll call vote. ASSEMBLY MEETING - December 21, 1967 2 D. Letter from Jerry Pearson re Penalty and Interest on Taxes. Letter was read stating that it was Mr. Pearson's understanding that the Borough had granted a time extension on payment of these taxes while his father's estate was being settled, and that he should not be liable for penalty and interest. Mrs. Hajdu stated that the State and Federal governments do grant extensions on deadlines and waive penalties if applications are properly made. Mr. Barr moved, seconded by Mr. Bullock, that action on this matter and the following item on the agenda be tabled pending a formal opinion from the attorney on the whole matter of forgiveness of taxes, penalty and interest on taxes. Motion carried by unanimous voice vote. E. Letter from Mrs. R. C. Wilson re_Penalty and Interest on Taxes. This item was tabled by motion under Item V D. VI PUBLIC HEARINGS - None VII PLANNING & ZONING ITEMS A. Concurrence with or Overruling of P &Z Decision re Chris Berg, Inc. Request for Exception, Erskine Subdivision Blk 9 Lots 105 and 106 (Case 1 -K). The decision that the exception be denied was read. Mr. Bullock moved, seconded by Mrs. Springhill, that the Assembly concur with the decision of the Planning & Zoning Commission. Mr. Crow stated that if the exception and variance are denied, there are several people in the area interested in asking for a rezoning. Mr. Barr and Mrs. Hajdu stated that they would like to see this request made. Motion carried by unanimous roll call vote. B. Resolution 67 -36 -R Approving Subdivision of Tract B into Lots B -1 and B-2, USS 3218 - Peter Marinkovich (Case 185 -A). The resolution was read. Mrs.Bullock moved for its adoption, seconded by Mrs. Springh111. Mr. Barr stated that the plat as it now exists would not meet the requirements of the subdivision ordinance, and that although the subdivision itself does not meet the require- ments, the plat should at least be re -done to meet the requirements. Mrs. Springhill moved, seconded by Mr. Arndt, that action on the motion be tabled pending preparation of a proper plat under present Borough ordinances. Motion carried by unanimous voice vote. C. Resolution 67-35 -R Approving Final Plat of Subdivision, Holland Acres First Addition, Bik 1, Lots 1 and 2 - Argo Corp. (Case 172 -C). The resolution was read and plat studied. Mr. Barr moved that the resolution be approved, seconded by Mrs. Springhill. Motion carried by unanimous roll call vote. D. Recommendation from P &Z re Rezoning of Thorsheim Subdivision Lots 20 -25 from R -3 to Business. Recommendation was read. These are the lots on which the Shelikof Hotel is located. Mrs. Hajdu felt that Lots 26 - 28, the Cannon apartments, should be included, or else it would be left as a small island of R -3 in the area. Mrs. Springhill moved, seconded by Mr. Barr, that the attorney be requested to draw up an ordinance rezoning Lots 20 - 28, Thorsheim Subdivision, from R -3 to Business. The Assembly requested that the Cannons be contacted first to make sure they have no objections to the rezoning. Motion carried by unanimous roll call vote. VIII OLD BUSINESS A. Ordinance 67 -21 -0 Approving Supplemental Budget - ACS 'frailer Court Funds. Mr. Barr moved for adoption of the ordinance in the first reading, seconded by Mrs. Springhill. The ordinance was read. It was felt that the ordinance did not properly follow the motion made by Mrs. Hajdu at the September 21st meeting, as amended, nor is it a continuing ordinance to continue over the life of the income as suggested by Mr. Hedla. Motion failed by unanimous roll call vote. Mrs. Springhill made a motion, seconded by Mr. Barr, that the ordinance be re- written to include the intent of the amendment to the original motion made by Mrs. Hajdu on September 21st. Motion carried by unanimous roll call vote. B. Ordinance 67 -20 -0 Approving Supplementary School Board Budget. Ordinance was read by title only. Mrs. Springhill moved, seconded by Mr. Barr, that the ordinance be adopted in the first reading. Mr. Bullock, Mrs. Springhill, and Mr. Stansbury felt that all of the money collected from the ACS trailer court rentals had originally been intended for use toward the I Street Playground, and that none should be used for the Ouzinkie playground, as proposed by the School Board. Mrs. Hajdu and Mr. Barr felt that the obligation is to the whole Borough, and that the $2000 proposed for Ouzinkie should be used for that purpose. Mr. Best felt that if the money was intended to be used in the local area only, that the Borough is morally obligated to use it only for I Street. Mr. Barr suggested that the ACS court funds be used for I Street and another source be found for the Ouzinkie playground money. The tape of the Assembly ASSEMBLY ME TINq -1 December 2t , =1967; 3 Meeting of September 21 was heard. Pair. Bullock requested that a weighted vote be used on the motion. The attorney was not present and there was a question as to whether the weighted vote could be used. Mr. Bullock moved, seconded by Mrs. Springhill, that action on the motion be tabled until an attorney's opinion is received as to whether the weighted vote applies. Motion failed by roll call vote as follows: Mrs. Hajdu - Me; Mr. Arndt - No; Mr. Barr - No; Mrs. Springhill - Yes, Mr. Bullock - Yes. The statutes on the question of the weighted vote were reviewed. Motion carried by roll call vote as follows: Mrs. Hajdu Yes; Mr. Arndt - Yes; Mr. Barr - Yes, Mr. Bullock - No; Mrs. Springhill • No; The Assembly concurred in asked the attorney's opinion on whether or not a weighted vote will apply when final action is taken on the ordinance. C. Resolution 67-34-R Establishing Kodiak Area Economic Development and Planning Committee. The resolution was read. Mrs. Springhill moved for its adoption, seconded by Mr. Arndt. It was explained that the committee required by the EDA for the submission of the OEDP application has been combined with the long -range planning committee and that the committee will continue in the latter capacity when the OEDP has been completed. Motion carried by unanimous roll call vote. D. Resolution 67 - - Approving Tryck Nyman and Hayes Contract. The resolution was read and the new contract was reviewed. The contract had been re- drafted in order to divide the work into two phases so that grants could be obtained from ASHA in FY 68 - as well as 67 - 68. They cannot reimburse for funds already expended. Mrs. Springhill made a motion, seconded by Mr. Barr, for adoption of the resolution. Motion carried by unanimous roll call vote. E. Resolution 67 -38 -R Making Application to ASHA for Planning Assistance. The resolution was read. ':e total amounts to be supplied by ASHA and by the Borough were not available. Mr. Barr moved, seconded by Mrs. Springhill, that action on the resolution be tabled pending correction of the resolution, and that as soon as it is corrected, the Chairman arrange a special meeting. Motion carried by unanimous voice vote. F. Decision on Assembly of God Assessment. To back up the discussion held on this matter at the Executive Session following the Assembly meeting on December 7, Mrs. Springhill moved, seconded by Mr. Arndt, that in an effort to concur with the attorney's position on the Assembly's previous action on the Assembly of God assessment that the assessment be vacated on the Assembly of God property, Fist Addition, Blk 5, Lots 7, 12, 13 and 14. Motion carried by unanimous roll call vote. G. Resolution 67 -39 -R Approvin ..oreclosures. The resolution was read. This resolution formally approves the action taken by the Assembly on September 7 when the foreclosure procedure was approved by motion. Mrs. Springhill moved for the adoption of the resolution, seconded by Mr. Bullock. Motion carried by unanimous roll call vote. H. Resolution 67 -40 -R Designating the Kodiak Mirror as the Official Publication for the 1967 Real Property Tax Foreclosure List and All Related Notices. The resolution was read. Mrs. Springhill moved for its adoption, seconded by Mr. Barr. Motion carried by unanimous roll call vote. IX NEW BUSINESS A. Approval of Transfer of 3M Copy Machine to School. Mr. Bullock moved, seconded by Mr. Barr, that the transfer be approved. Motion carried by unanimous voice vote. X CHAIRMAN'S REPORT A. Chairmen's Conference. Mr. Best reported that the Alaska Borough Chairmen's Conference which he attended in Anchorage passed resolutions concerning water pollution, permitting outside banking firms in Alaska, funding of education, level of law enforcement. A second Chairmen's Conference for the purpose of further discussing upcoming legislation will be held in Kodiak on January 5 and 6. Copies of upcoming legislative issues are available in the Borough Office. B. Status of Borough Engineer. Mr. Best and Mr. Barr are checking each other's plats until a solution can be found to hiring Mr. Jones as Borough Engineer. Mr. Jones has refused to do further Borough work during the regular work week because his work load at the City is very heavy, but he offered to consider reviewing plats for the Borough beyond the regular 40 hours. This must be brought before the City Council since City personnel regulations do g �- ASSEMhLY I'INd -- ;December 21, 1 67 not permit outside employment. XI ASSEMBLY COM ENTS A. Mr. Barr re Mill Bay Road Erosion. Mr. BArr stated that he had received a copy of the letter written by Mr. Best to the State Highway Department concerning this matter and that it was a very good letter. B. Mrs. Hajdu re Hearing on Roads. Mrs. Hajdu reported that the State had deleted the extension of the Otmeloi Point Road from their program and added the renewal of the road from the Cutoff Road to the existing new Otmeloi Highway. Mrs. Hajdu told them that the extension of the Otmeloi Road was much more important since it would give needed access to new land. XII ADJOURNMENT - The meeting adjourned at 12:10 a.m. ATTEST: APPROVED: G. S. Best Borough Chairman 4